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Rajasthan Court Fees & Suits Valuation Act, 1961 (Download Free Notes)
March 17, 2025
Overview: The Rajasthan Court Fees and Suits Valuation Act, 1961 was enacted to amend and consolidate the laws related to court fees and valuation of suits in Rajasthan. This Act prescribes the fees payable in civil suits, applications, and appeals and defines the methods for determining the valuation of suits. It ensures uniformity in court fee payment across different courts and public offices in the state.
Preliminary: Chapter 1
The Act is officially titled the Rajasthan Court Fees and Suits Valuation Act, 1961 and extends to the entire state of Rajasthan. It came into force on a date notified by the State Government. The Act applies to all suits, appeals, and applications in Rajasthan's civil, revenue, and criminal courts. However, it does not apply to documents presented before officers serving under the Central Government or to cases where any other law prescribes a different court fee structure.
In terms of definitions, the Act clarifies that an "Appeal" includes cross-objections, a "Court" covers civil, revenue, and criminal courts, tribunals, and special authorities, and the term "Prescribed" refers to any rule made under this Act.
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Chapter 2: Liability to Pay Court Fees
A key principle of this Act is that no document chargeable with a court fee can be filed, exhibited, or recorded in any court or public office without the prescribed fee being paid. However, in exceptional cases, where a document must be filed immediately to prevent a failure of justice, the court may allow the fee to be paid later.
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If a document is filed with an insufficient fee due to an inadvertent mistake, the court may allow the party to pay the deficiency. Similarly, in multifarious suits (cases involving multiple reliefs), the Act prescribes that:
- If the reliefs sought arise from the same cause of action, the fee is charged on the aggregate value of all reliefs.
- If the reliefs arise from different causes of action, the fee is charged separately for each relief as if separate suits were filed.
- If alternative reliefs are sought, the highest applicable fee is charged.
The market value of the subject matter in a suit is determined as on the date of presentation of the plaint. In cases involving land, valuation is done based on 25 times the sanctioned rent rate or other prescribed methods. For set-off claims or counterclaims made by the defendant in a written statement, a court fee equivalent to a plaint fee must be paid.
Chapter 3: Determination of Fees
The plaintiff is required to file a statement of valuation along with the plaint. Before registering a suit, the court must determine the proper fee payable based on the facts and materials submitted. If a defendant disputes the valuation or sufficiency of the court fee, the court must decide the matter before the hearing of the suit. The decisions regarding court fees can be reviewed and corrected at appellate and revisional levels.
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The Act also allows courts to strike off issues where an additional fee is required but has not been paid. If a plaintiff relinquishes part of their claim to reduce the fee payable, they must formally state this in the plaint. For appeals, the same fee as in the plaint is applicable, and the rules regarding computation of fees apply to applications, petitions, and other proceedings as well.
To ensure correct fee payments, the High Court may appoint Court Fee Examiners to inspect and review fees paid in different courts. Courts also have the power to hold inquiries into the correctness of valuation and, if necessary, notify the State Government for intervention.
Chapter 4: Computation of Fees in Various Suits
The fee payable depends on the nature of the suit. The Act lays down specific rules:
- Suits for money: The fee is computed based on the amount claimed.
- Suits for maintenance/annuities: The fee is computed based on the annual maintenance amount.
- Suits for movable property: The fee is based on the market value of the property.
- Suits for declaration: If the plaintiff seeks possession, the fee is based on the market value. If the suit is for declaration with an injunction, half the market value is charged. If no consequential relief is sought, a nominal fee is charged.
- Adoption-related suits: Fee depends on the property value affected by adoption.
- Injunction suits: Fee is determined based on the subject matter’s value, with a minimum fee of ₹300.
- Suits involving easement rights: A minimum fixed fee of ₹200 is prescribed.
- Pre-emption suits: Fee is calculated on sale consideration or market value, whichever is less.
For probate, letters of administration, and succession certificate cases, the applicant must submit an estate valuation, and fees are charged accordingly. If under-valuation is suspected, an inquiry is conducted by the Collector.
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Chapter 5: Valuation of Suits
Unless otherwise stated, market value determines the fee payable in most cases. If no clear rule exists, the plaintiff is allowed to declare the value, but courts have the power to review and revise it.
Chapter 6: Refunds and Remissions
Refunds of court fees are allowed in cases where:
- A plaint is rejected before trial.
- An appeal is withdrawn before it is heard.
- There is an error in court fee calculation.
The State Government can remit or reduce court fees in specific circumstances.
Chapter 7: Miscellaneous Provisions
Court fees are generally collected via court fee stamps. Stamps must be properly cancelled before a document can be acted upon. If a document is amended to correct minor errors, no additional fee is required.
Unauthorized sale of court fee stamps is a criminal offense, punishable by six months imprisonment or a fine of ₹500, or both.
The High Court, Board of Revenue, and State Government are empowered to frame rules to ensure smooth implementation of the Act.
Chapter 8: Repeal and Saving Clause
The Act repeals the Rajasthan Court Fees Act, 1950, and the Rajasthan Suit Valuation Act, 1958. However, any suits, appeals, or proceedings filed before the commencement of this Act continue to be governed by the old laws.
Recent Amendments
The Act has been amended multiple times to stay relevant. The Rajasthan Court Fees and Suits Valuation (Amendment) Act, 2020 introduced key modifications, particularly in Section 21, to streamline valuation methods. The amendments reflect Rajasthan’s commitment to ensuring a fair and transparent fee structure for legal proceedings.
- Court fees must be paid before a document is filed, unless exempted for exceptional reasons.
- Suits are valued based on market value, and the fee depends on the nature of the relief sought.
- Appeals require the same court fee as original suits.
- Refunds & remissions are allowed in specific cases.
- High Court and State Government can issue rules and amendments for implementation.
Conclusion
This Act standardizes court fees and suit valuation in Rajasthan, ensuring transparency, efficiency, and fairness in legal proceedings. It prevents arbitrary fee assessments and ensures that legal documents are processed systematically.